Resolution-PC 2005-7~, ~
RESOLUTION NO. PC2005-7
A RESOLUTION OFTHE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2004-04933 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as; _ :
THE NORTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTH
EAST QUARTER OF SECTION 11, TOWNSMIP 4 SOUTH, RANGE 11 WEST, JN THE
RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE FOLLOWING:
PARCEL A: THA7 PORTION OF THE EAST HALF OF THE SOU7HEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11
WEST, SAN 'BERNARDO MERIDIAN, INCLUDED WITHW A STRIP OF LAND 110 FEET
WIDE LYING 55 FEET ON EACN SIDE OF THE FOLLOWING DESCRIBED CENTERL4NE:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 11 {THE WEST LINE OF
SECTION 13 OF SAID TOWNSHIP AND RANGE BEARS SOUTH 0° 09' 50" EAST, FROM
SAID SOUTHEST CORNER); THENCE ALONG THE EAST LINE OF SAID SECTION 11,
(SAID EAST LINE BEING ALSO THE CENTERLINE OF STANTON AVENUE, 60 FEET
WIDE, AS DECLARED BY ACTION OF BOARD OF SUPERVISORS OF SAID COUNTY),
NORTH 0° 11' 10" WEST, A DISTANCE OF 612.23 FEET; THENCE NORTHERLY ALONG A
CURVE CONCAVE WESTERLY, TANGENT TO THE LAST DESCRIBED COURSE AND
HAVING A RADIUS OF 2527.00 FEET, THROUGH AN ANGLE OF 19° 58' 50", AN ARC
DISTANCE OF 881.23 FEET. '
PARCEL B: THAT PORTION OF SAID EAST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 11 LYING EASTERLY OF
7HE ESTERLY LINE OF THE ABOVE-DESCRIBED 110-FOOT STRIP OF LAND.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 100016-1 OF
THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 785-
147, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 29, 1998 AS
INSTRUMENT NO. 19980898638 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 13, 2004, at 2:00 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed subdivision and to investigate and make findings
and recommendations in connection therewith; and that said public hearing was continued to the January 10,
2005, Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipaf Code Section No. 18.06.160, to construct a 102-unit, attached residential planned unit
development with waiver of the following:
SECTION N0. 18.40.060.020 Dedication of riqhf-of-wav. (10 feef of additional
dedication along Beach Boulevard required; 5 feet
proposed).
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2 That the intent of the Code is to ensure that a projecYs impact upon the local street system is
adequately mitigated through street widening that will serve to increase traffic capacity and/or improve traffic -
flow. However, the ultimate planned number of lanes along southbound Beach BouleVard in the vicinity of
this property currently exists and the Public Works Department supporfs the applicant's request, which would
maintain the existing curb line while accommodating an 8-foot wide parkway and 5-foot wide`sidewalk.
3. That the Public Works Departmenf has determined there is no reasonable relationship
between the need for the required full dedication and the extent of development proposed:
4. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located as the proposed project is' compatible with
existing and surrounding land uses and that the deviations from the Code as provided in Section 18.06.160
would achieve a good project designed to enhance the privacy and livability for residents within and around
the project, and create a project that is compatible and consistent with surrounding land uses.
5. That the proposed use would not adverselyaffect the adjoining land uses and the growth
and development of the area in which it is proposed.
6. That the size and shape of the site proposed for the use is adequate to allow #he full
development of the proposed use in a manner not detrimental to the particular area or to the health and
! safety.
7. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the proposed project would
contain less dwelling units than presently exists on the property.
8. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
9. That Katherine Smith, a board member on the Anaheim Union High School District indicated
her concerns with potential impacts to the schools in the vicinity of the project at said public hearing; and that
no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit a 102-unit, attached residential planned unit development
in the RM-3 Zone with waiver of required dedication of right-of-way; and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it
has considered the Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is no ,
substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be
instafled and maintained as shown on submitted plans.
2. That a plan shall be submitted to and approved by the Traffic and Transportation Manager indicating
how the vehicular security gates and vehicle turn-around will function. Said improvements shaU
thereupon be maintained in compliance with said approvaL
3. That gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to
Engineering Standard PlanNo. 609 and shal{ be subject to the review and approval of the City Traffic
and Transportation Manager. _Said information shall be specifically shown on plans submitted for
building permits.
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4. Jhaf the developer shall pay a traffic and transportation improvement fee to the City of Anaheim,
Traffic Engineering Division, in an amount established by City Council ordinance/resolution.
5. That prior to the issuance of a building permit, the developer shall enter into an agreement with the
Redevelopment Agency related to the appropriate sharing of costs and responsibilities associated with
the construction of traffic signals, median modifications or other traffic-related improvements necessary
to integrate this project with the proposed Westgate project located on the east side of Beach :
Boulevard.
6. That if required by Caltrans, a southbound deceleration on BeachBoulevard shall be provided. Said
lane shall be illustrated on plans submitted forbuilding permits.
7. A Caltrans encroachment permit shall be obtained prior to the construction of any improvements along
Beach Boulevard. : :
8. That the proposed driveway#or this project shall result in an aligned and signalized intersection with
the proposed Westgate project located on the east side of Beach Boulevard. Full intersection and
traffic signal design and construction shall be provided by the developer to the satisfaction of the City
Engineer and sha11 be based upon reasonably anticipated impacts from, and benefits to; this project.
Said construction shall be awarded'prior to the`issuance of the first building permit, except for those
associated with model homes, and shall be completed within a timeframe established by the Public
Works Department. As part of the design of the traffic signal, the left tum pocket lengths shall be
determined by the Traffic and Transportation Manager and Caltrans (currently estimated at 260-foot
long dual {eft turn pockets southbound into Westgate and a 100-foot long single left turn pocket
northbound into the residential project site) prior to design and construction of the traffic signaL
9. That final landscape and fencing plans for the subject property shall be submitted to the Planning
Services Division for review and approval. The landscaping plan shall include landscape
improvements to be provided within the parkwajr adjacent to Beach Boufevard (in conformance with
Public Works~standards). The fencing plan shall incorporate a six (6) foot high decorating block wall
along the north, west, and south property lines. Any decision made by the Planning Services Division
regarding said plan may be appealed to the Planning Commission and/or City Council. All trees shall
be properly and professionally maintained by the homeowners association to ensure healthy growth.
10. That final building etevation plans, a colors and materials board, and street presentation plans,
showing building articulation and architectural embellishments for all elevations, shaU be submitted to
the Planning Services Division for review and approval. Any decision made by the Planning Services
Division regarding said plan may be appealed to the Planning Commission and/or City CounciL
11. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from
view and the sound buffered from adjacent residential properties. Such information shall be
specifically shown on the plans submitted for building permits. '
12. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be
fully screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
13. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within finrenty-four (24) hours from time
of occurrence.
14. That clothes washer and dryer hookups shall be incorporated into each dwelling unit and shall be
shown on the plans submitted for building permits.
15. That this Conditional Use Permit is granted subject to approval of Reclassification No. 2004-00136 and
the approval and recordation of Tentative Tract Map No. 16809, now pending:
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16. That any tree planted on-site shall be replaced in a timelymanner in the event that it is removed,
damaged, diseased and/or dead.
17. That the property owner/developer shall install street lights on Beach Boulevard in their ultimate
location if required by the Electrical Engineering Division. A bond forthe installation of the streetlights '
shall be posted with the City of Anaheim prior to issuance of building permits. The streetlights shall be
installed prior to occupancy of the first unit.
18. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
plans submitted for building permits: Plans shall also identify#he specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be
subject to the review and approval of the appropriate City departments.
19. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape
and/or hardscape screening of all pad-mounted equipment shalfbe required and shall be shown on
plans submitted for building permits. '
20. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
21. Thatplans shall be submittedto the Traffic and Transportation manager for his review and approval
showing conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the
wall/fence location.
22. That the project shall provide for truck deliveries on-site. Such information shall be specifically shown
on plans submitted for building permits
23. That the proposed driver aisles shall be a minimum of 20-feet in width allowing fior two way traffic and
this dimension shall be reflected on the plans submitted for building permits.
24. That the private sewer shall be connected to the existing sewer manhole at the end of Coolidge
Avenue to the west.
25. That prior to the issuance of a building permit, the City of Anaheim Sewer Impact Mitigation Fee for the
Combined West Anaheim Area, Zone A, shall be paid. The mitigation fee is currently $206/unit for
multiple-family developments.
26. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and
470 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
27. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. "
Trash truck turn-around shall be provided through each construction phase of the project. Said
turn-around area shall be specifically shown on plans submitted for building permits.
28. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division for review and approval. Barrel
collection areas shall be provided in an area designated for barrel collection only and shall be provided
only along the straight portions of the interior street system. Said information shall be specifically
shown on plans submitted for building permits.
29. That prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained
under California's General Permit for Stormwater Discharges Associated with Construction Activity by
providing a copy of the Notice of Intent (N01) submitted to the State Water Resources Control Board
and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID)
Number. ' The applicant shall prepare and implement a Stormwater Pollution Prevention Plan
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(SWPPP). A copy of the current SWPPP shall be kept at'the project site and be available for City
review on request.
30. That prior to grading plan approval, the developer shall submit a geotechnical report that meets the
requirementsfor a"Screening investigation for Liquefaction Potential" as identified in DMG special
publication 117 "Guidelines for Evaluating and Mitigating Seismic Hazards in California". If 4he findings of
the screening investigation cannot demonstrate the absence of liquefaction hazards, then the
comprehensive quantitative evaluation shall be conducted to develop mitigation recommendations to
effectively reduce the hazard to an acceptable IeveL
31. That prior to grading plan approval, the applicant shall submif a Drainage Study prepared by a registered
professional Civil Engineer in the State of California. The Study shall be based upon and reference the
latest edition of the Orange County Hydrology Manual the applicable City of Anaheim Master Plan of
Drainage for the project area. All drainage sub-area boundaries per the Master Plan forbrainage shall be -
maintained. The Study shall include` an analysis of 10-, 25- and 100-year storm frequencies; an analysis of
all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition;
and address whether off-site and/ or on-site drainage improvements (such as detention/ retention basins or
surface runoff reduction) will be required to prevent downstream properties from becoming flooded.
32. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department `
Development Services bivision for review and approval a Water Quality Management Plan that:
• Addresses Site Design,,Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan (DAMP).
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
• Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment
Control BMPs.
33. That prior to issuance of certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP
• Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
34. That the proposed parkway irrigation system along Beach Boulevard shall be tied into the on-site
irrigation maintained by the property owner/homeowner's association. Said information shall be
specifically shown on plans submitted for building permits.
35. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback areas in a manner fully screened from all public streets and alleys. Said information shall be
shown on plans and approved by Water Engineering and Cross Connection Control Inspector before
submittal for building permits.
36. That since this project has a common landscaping area exceeding 2,500 square feet, a separate
irrigation meter shall be installed and shall comply with City Ordinance Na 5349 and Chapter 10.19 of
the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits.
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37. That all requests for new water services or fire lines, as weN as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water Engineering
Division of the Anaheim Public Utilities Department.
38. That all existing water services and fire lines shall conform to current WaterServices Standards
Specifications. Any water service and/or fire line that does not meet current standards sha11 be upgraded if
continued use is necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line.
39. That prior to submitting water improvement plans, the developer shall submit a water system master
plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review
and approvaL The master plan shall demonstrate the adequacy of the proposed on-site water system
to meet the projecYs water demands and fire protection requirements.
40. That water improvement plans shall be submitted to the Water Engineering Division for approval and a
performance bond in the amount approved by the City Engineer and City Attorney, shall be posted with
the City of Anaheim.
41. That prior to rendering of water service, the developer/owner shall submit a set of improvement plans
for Water Engineering review and approval to determine the conditions necessary for providing water
service to the project.
42. That prior to application for water meters, fire line or submitting the water irnprovement plans for
approval; the developer/owner shall submit to the Public Utilities Water Engineering Division an
estimate of the maximum fire flow rate and maximum day and peak hour water demands for the '
project. This information will be used to determine the adequacy of the existing water system to
provide the estimated water demands. Any off-site water system improvements required to serve the
project shall occur in accordance with Rule No. 15A.6 of the WaterUtility Rates, Rules and '
Regulations.
43. That two separate connections to the public water main shall be required and that a looped water
system shall be provided. Said information shall be specifically shown on plans submitted for building
permits.
44. That an address monument and/or complex map shall be positioned to be readable from the main
vehicular or pedestrian access points without causing vehicular stacking and shall be illuminated
during hours of darkness. Said information shall be specifically shown on plans submitted for building '
permits.
45. That each individual building and unit shall be clearly marked with its appropriate building number and
address. Markings shall be positioned so they are easily viewed from vehic~lar and pedestrian
accessways throughout the complex. Main building numbers shall be a minimum height of 12" and
illuminated during hours of darkness. Said information shall be specifically shown on plans submitted
for building permits.
46. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 31, as conditioned herein.
47. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 14, 15, 17, 18, 19, 21,
22, 23, 25, 26, 27, 28, 34, 35, 36, 40, 43, 44 and 45 above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
48. That prior to final building and zoning inspections, Condition Nos. 24, 33 antl 46 above-mentioned,
shall be complied with.
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49. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compl'iance or approval of the _
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the'Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such`condition; or,any part thereof, be declared
'invalid or unenforceable by thefinal judgment of any,court of competent jurisdiction, then this Resolution, '
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 7 days of the'issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal oce res'and ma be replaced by a City '
Council Resolution in the event of an appeaL
CHAI , ANAHEIM PLANNING COMMISSION
ATT T:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
f, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
January 10, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ :
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2005.
SENIOR SECREI"ARY, ANAHEIM PLANNING COMMISSION